We have placed cookies on your device to help make this website better. Read our full privacy policy in the link below or close this window to continue.
View Cookie Policy

Back to Home

Privacy Policy

We are committed to protecting your privacy, in accordance with the terms and conditions of the Modd Privacy Policy (the “Privacy Policy”). Please ensure that you have reviewed and understand our Privacy Policy before purchasing or subscribing for any Services from us or providing personal data to us. By accessing and using the Services, including without limitation by registering or creating an account or profile with Modd, and by providing personal data (also known as personal information or personally identifiable information) to Modd through the Services, you are acknowledging that you have read our Privacy Policy (which sets out how we process personal data, and our legal bases for doing it), and that you agree and consent to us processing your personal data to provide the Services to you in accordance with this Agreement and our Privacy Policy.

If, in the course of using any Services, you transfer or give us access to personal data concerning third parties “Third Party Personal Data” (such as your Customers or employees), you represent and warrant to us that you have such third parties’ consent, or another legal basis, allowing for the transfer to us and our processing (including collection, use, retention and disclosure, as the case may be) of Third Party Personal Data for the purposes of providing the Services in question. You further acknowledge and agree that we are accessing and processing such Third Party Personal Data exclusively in our capacity as your agent.

Your Account and Content

You may be required, when you use certain features of the Services, to create an account with us, including a username and password. You are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your username, whether or not you authorize such uses. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your username and password, or your account. We are not responsible for verifying your identity or the identity of anyone who uses your account, and we are not liable for any loss or damage as a result of your failure to protect your password, or as a result of unauthorized use of your username and/or password. You agree that any registration information you provide will be true and accurate, and that you will update it, as is necessary to keep it current. We reserve the right to automatically log you out of your account after such a period of inactivity as we determine is reasonable, in the circumstances.

While we work hard to protect the security of the content you upload, personal data, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately in the event of any actual or suspected breach or unauthorized access or use of your account.

If you are a resident of the European Union: You have the right to delete your account with us by contacting us. If you choose to permanently delete your account, the non-public personal data that we have associated with your account will also be deleted.

Internet Connectivity and Compatible Technology

The availability and functioning of the Services depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software. We are not responsible for ensuring uninterrupted access to the Internet or any charges you incur in association with your use of the Internet, nor are we responsible for ensuring your hardware and software are compatible with the Services. You acknowledge that your access to and use of the Services may be impaired or prevented by factors beyond our control (such as issues with your computer system or Internet connectivity) and that we are not responsible for any such factors or their effects. We are not liable for any failure to backup or restore any information or for interruptions, delay or suspension of access to or unavailability of the Services, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.

Miscellaneous

We are physically located in the Province of Quebec, Canada. This Agreement, and all ancillary documents such as the Privacy Policy, will be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Quebec’ s civil courts.

Your use of the Services may also be subject to other local, state, provincial, national or international laws and the use of the Services may be prohibited by law in some jurisdictions. By using the Services, you certify that the laws of the jurisdiction in which you are using the Services permit the use thereof, and you are responsible for complying with all local laws in your jurisdiction. If the laws which apply to your use of the Services would prohibit the enforceability of this Agreement, or impose any additional burdens on us, or confer to you rights which are materially different than those granted to you under this Agreement, you are not authorized to use the Services and you agree to remove them from any device on which they may be installed.

You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action proceedings against us related to your use of the Services.

The Services we offer are directed towards and designed for the use of persons above the age of majority in their respective province, state, or country. Persons under the age of majority are not permitted to use the Services on their own, and we will not approve applications of, or establish or maintain accounts or memberships for, any persons below their respective region’s age of majority. You represent that any information regarding your date or birth or age that you provide to us is accurate.

Communication

All notices given by you to us must in writing by email to support@moddapps.com or sent at the address listed on our Contact Us page on our website. When you contact us through our website or any other Services, or email us, you are communicating with us electronically. We may send you notices or otherwise communicate with you at the email or mailing address you provide to us when you place an order with us, or register to use the Services, or by way of a general posting on our website. You agree that all agreements, notices, disclosures and other electronic communications between the Parties satisfy, for all legal purposes, any requirement that such communications be in writing and/or signed. Notice will be deemed to be received immediately when posted on our website, twenty-four (24) hours after an email is sent and three (3) days after a letter is posted. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post. In the case of an email, notice will be proved by showing the email was sent to the specified email address of the recipient of the notice.